Trade Marks (International Registration) Regulations 2012

Reprint as at 1 February 2020

Coat of Arms of New Zealand

Trade Marks (International Registration) Regulations 2012

(SR 2012/337)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 5th day of November 2012

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

Pursuant to sections 199(m) and 199A of the Trade Marks Act 2002, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Contents

1Title
2Commencement
3Purpose
4Application of Trade Marks Regulations and Act to international registrations
5Interpretation
6Information or documents must be given through case management facility
Part 1
Preliminary matters
7Entitlement to protection
8No division of international registration [Revoked]
9Effect of protected international trade mark (New Zealand)
10Holder of international registration may disclaim or limit rights
11Commissioner may enter security interest on register
12Priority
Part 2
International registration designating New Zealand
Examination of international registration
13Commissioner must examine international registration designating New Zealand
14Where Commissioner considers requirements of regulation 7 not met or partially met
15Where Commissioner considers requirements of regulation 7 are met
Notice of opposition
16Notice of opposition
Counter-statement
17Time for sending counter-statement
Notifications of refusal
18Notifications of refusal
Protection
19When protections apply to trade mark of international registration designating New Zealand
19AWhen protections extend to protected international trade mark (New Zealand), as corrected
20Protections
Division
20ADivision of international registration designating New Zealand or protected international trade mark (New Zealand)
20BDivision of international registration designating New Zealand
20CDivision of protected international trade mark (New Zealand)
20DRequirements for application for division
20ECommissioner must present application to International Bureau
20FEffect of division of international registration designating New Zealand
20GEffect of division of protected international trade mark (New Zealand)
Merger
20HMerger of international registration designating New Zealand or protected international trade mark (New Zealand)
20IRequirements for application for merger
20JCommissioner must present application to International Bureau
Corrections
20KCommissioner may examine correction to international registration
20LWhere Commissioner considers requirements of regulation 7 no longer met
20MWhere Commissioner considers requirements of regulation 7 are met
20NNotice of opposition
20ONotification of refusal
Revocation and invalidity
21Revocation and invalidity
22Where, to any extent, protection is cancelled, revoked, declared invalid, altered, or rectified
Importation of infringing goods
23Importation of infringing goods
Offences
24Offences
25Offences relating to false representation of trade mark apply to protected international trade mark (New Zealand)
Part 3
Transformation of international registration into national application
26Definitions
27Transformation application
28Date of registration of trade mark registered pursuant to transformation application
29Procedure on transformation application
Part 4
Replacement of registration by international registration
30Effects of international registration where trade mark is also registered under Act
Part 5
International applications originating in New Zealand
31Outline of this Part
32Eligibility to apply for international registration
33Application for international registration
34Functions of Commissioner
35Time limit for Commissioner to send application to International Bureau
36Notification to International Bureau
Part 6
Miscellaneous provisions
37Evidence of certain matters relating to international registration
38Agents
39Communication of information to International Bureau
Gazette Information
Reprint notes